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Khums » When Halal property gets mixed up with Haraam property

1822. If halal property gets mixed up in such a way that it is not possible to identify each from the other, and the owner of the haraam property and its quantity are not known, and if it is also not known whether the quantity of the haraam property is more or less than the due Khums , the person concerned should pay Khums, with the Niyyat of Qurbat on the entire property, to one entitled to receive Khums and such properties whose owners are unknown, and after the payment of Khums the balance will become halal for him.

1823.
If halal property gets mixed up with haraam property, and the person concerned knows the quantity of haraam property, (irrespective of it being more or less than Khums) but does not know its owner, he should give away that quantity as Sadaqah on behalf of its owner, and the obligatory precaution is that he should also obtain permission from the Mujtahid.

1824.
If halal property gets mixed up with haraam property, and the person concerned does not know the quantity of haraam property, but knows its owner, they should come to some understanding and agreement with each other, and pay the owner a sum which would ensure that the amount due has been paid up. In fact, if the person concerned knows that it was due to his own negligence that the mix up occurred, then he should, as a precaution, pay more than what he feels might belong to the owner.

1825.
If a person pays Khums on a property which has halal mixed with haraam parts, and learns later that the quantity of haraam property was more than Khums, he should give the excess as Sadaqah, on behalf of the owner of the property which has remained unlawful with him.

1826.
If a person pays Khums on a property which has been mixed up, or gives some property as Sadaqah on behalf of an unknown person, and if the owner turns up later, as an obligatory precaution, he must reimburse him his part, if he does not agree to the action taken.

1827.
If a halal property mixes up with haraam property, and the quantity of the haraam property is known, and the person concerned knows that the owner is one of a group, but cannot identify him, he should inform all of them. If one of them claims while others do not, or show no interest, he should hand over to the one who claimed. And if two or more people claim, he should refer to the Mujtahid for his decision after all attempts at compromise and understanding have failed. And if all of them in the group showed an interest, or did not present themselves for a compromise, then he will draw lots to determine the owner, and as a precaution, the lots will be drawn by the Mujtahid, or his Wakil.
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